Requisites before a court can acquire jurisdiction over criminal
JURISDICTION OVER THE PERSON OF THE
cases:
1. Jurisdiction over the subject matter;
2. Jurisdiction over the territory: and
3. Jurisdiction over the person of the accused.
A. JURISDICTION OVER THE SUBJECT MATTER​ -
refers to the authority of the court to hear and determine a
particular criminal case.
Jurisdiction is conferred by law and the allegations in the
complaint determine both the nature of the action and jurisdiction
of the court.
❖ Jurisdiction over the subject matter in criminal case
cannot be conferred by the agreement of the parties; or
by the court’s acquiescence; or by the erroneous belief
of the court that it had jurisdiction; or by silence of the
parties.(Salvador v. Patricia, Inc)
❖ It has been ruled that the jurisdiction of the court is not
determined by the evidence presented by the parties of
the trial. (Lacson v. Executive Secretary)
Status applicable to a criminal action
➔ The jurisdiction over the subject matter of a court in criminal
matters is measured by the law in effect at the time of the
commencement of a criminal action rather than by the law in
effect at the time of the commission of the offense charged.
(People v. Lagon)
➔ In criminal cases, the jurisdiction of the court is determined
by the averments of the complaint or Information, in relation
to the law prevailing at the time of the ​filing ​of the complaint
or Information, and the penalty provided by law for the crime
charged at the time of its commission(Asistio v. People)
Objections based on the ground that the court lacks
jurisdiction over the subject matter may be raised or
considered motu proprio by the court at any stage of the
proceeding or on appeal.
EXCEPT:
● A party cannot invoke the jurisdiction of the court to
secure affirmative relief against his opponent and after
obtaining or failing to obtain such relief, repudiate or
question that same jurisdiction.
● A party may be estopped as when he initially invokes
the jurisdiction of the court and then later repudiates
that same jurisdiction.
B.
ACCUSED ​- refers to the authority of the court, not over the
subject matter of the criminal litigation, but over the person
charged.
Jurisdiction over the person of the accused is acquired upon his
arrest or apprehension, with or without a warrant, or his
voluntary appearance or submission to the jurisdiction of the
court.
Voluntary Submission
➔ The voluntary submission of the accused to the
jurisdiction of the court is accomplished either by ​his
pleading to the merits ​such as by filing a motion to
quash or ​other pleadings requiring the exercise of the
court’s jurisdiction​, appearing for arraignment or
entering a plea (Santiago v. Vasquez)
NOT Voluntary Submission
● Making special appearance in court to question the
jurisdiction of the court over the person of the accused
● When accused filed a motion to quash the warrant of
arrest
Custody of law vs Jurisdiction over the person
➔ Custody of law
◆ It is required before the court can act upon the
application for bail, but is not required for the
adjudication of other reliefs sought by the
defendant.
◆ It signifies restraint on the person, who is
thereby deprived of his will and liberty, binding
him to become obedient to the will of law.
➔ Jurisdiction over the person
◆ One can be under custody of law but not yet
subject to the jurisdiction of the court over his
person, such as when a person is arrested by
virtue of a warrant files a motion before
arraignment to quash the warrant.
C. JURISDICTION OVER THE TERRITORY
➔ In criminal cases, the venue is jurisdictional.
GENERAL RULE:
Jurisdiction to be acquired by courts in
criminal cases, the offense should have been
committed or any of its essential ingredients
should have taken place within the territorial
jurisdiction of the court.
Except:
 ● Where the offense was committed
under the circumstances enumerated
in Art. 2 of RPC;
● Where the SC, pursuant to its
constitutional powers, orders a
change of venue or place of trial to
avoid miscarriage of justice;
● Where an offense is committed on
board a vessel in the course of its
voyage; and (​it may be instituted and
tried in the court of first port of entry,
or in the court of the municipality or
territory where the vessel passed
during the voyage)
● Where the case is cognizable by the
Sandiganbayan;
● Where the offense is written
defamation, the criminal action need
not necessarily be filed in the RTC of
the province or city where the alleged
libelous article was printed and first
published. (​It may be filed in the
province or city where the offended
party held office at the time of the
commission of the offense if he is a
public officer, or resided at the time of
the commission of the offense in case
the offended party is a private
individual)
RULE 110:PROSECUTION OF OFFENSES
How criminal actions are instituted
1. When a PRELIMINARY INVESTIGATION IS
REQUIRED, a criminal action is instituted by filing the
complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
2. Where a Preliminary Investigation is NOT REQUIRED,
a criminal action is instituted in either two ways:
a. By filing the complaint or information with the
MTC or MCTC;or
b. By filing the complaint with the office of the
prosecutor.
Note: In Manila and other chartered cities, the complaint shall be
filed with the office of the prosecutor unless otherwise provided
in their charters.
The institution of the criminal action shall interrupt the period of
prescription of the offense charged unless otherwise provided in
special laws.
❖ Petitioner’s filing of his complaint-affidavit before the
Office of the City Prosecutor x x x signified the
commencement of the proceedings for the prosecution
of the accused and thus, effectively interrupted the
prescriptive period for the offense they had been
charged. (Panaguiton v. DOJ)
❖ The prevailing rule is, therefore , that irrespective of
whether the offense charged is punishable by the RPC
or by a special law, ​it is the filing of the complaint or
information in the office of the public prosecutor for
purposes of preliminary investigation that interrupts the
period of prescription.​(Disini v. Sandiganbayan)
The running of the period of the prescription is interrupted with
the filing of the action even if the court in which the action was
filed is without jurisdiction.
Who must prosecute the criminal action
➔ A criminal action is prosecuted under the direction and
control of the public prosecutor.
◆ In appeal before CA or SC, the authority to
represent the State is vested in the Office of
the Solicitor General.
❖ The private complainant or the offended party may,
however, file an appeal without the intervention of the
OSG but ​only insofar as the civil liability of the accused
is concerned.​(People v. Piccio)
➔ Except:
◆ The offended party may seek to review the
criminal aspect of the case without the
intervention of the OSG;
● When there is a denial of due
process of law to the prosecution and
the State or its agents refuse to act
on the case to the prejudice of the
State and the private offended party;
● When there is a grave error
committed by the judge; or
● When the interest of justice so
requires
◆ In all cases elevated to the Sandiganbayan
and from the Sandiganbayan to the SC, the
Office of the Ombudsman, through its special
prosecutor, shall represent the People of the
Philippines.
◆ A private prosecutor may prosecute the
criminal action up to the end of the trial, even
in the absence of the public prosecutor, if he is
authorized in writing.
 ● The written authorization shall be
given because of either the following
reasons:
○ The public prosecutor has a
heavy work schedule;
○ There is a lack of public
prosecutors.
Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the prosecution of
the offense.
The offended party may NOT intervene in the prosecution of the
offense through a private prosecutor if the offended party:
➔ Waives the civil action;
➔ Reserves the right to institute it separately;or
➔ Institutes the civil action prior to the criminal action.
The institution of an independent civil action does not deprive the
offended party of the right to intervene in the civil action through
a private prosecutor.
Prosecution of Private Crimes
1. Adultery and Concubinage
a. It shall not be prosecuted except upon a
complaint filed by the offended spouses.
b. It must be instituted against both guilty parties,
unless one of them is no longer alive.
c. The offense may not be instituted if it is shown
that the offended party has consented to the
offense or has pardoned the offenders.
2. Seduction, Abduction and Acts of Lascivious
a. It shall not be prosecuted except upon a
complaint filed by the offended party or her
parents, grandparents or guardian, nor, in any
case, if the offender has been expressly
pardoned by any of them.
b. However, if the offended party dies or
becomes incapacitated before she can file the
complaint, and she has no known parents,
grandparents or guardian, the State shall
initiate the criminal action in her behalf.
c. The offended party, even if a minor, has the
right to initiate the prosecution of the offense,
independently of her parents, grandparents or
guardian except if she is incompetent or
incapable of doing so.
d. Where the minor fails to initiate the
prosecution of the offense, the complaint may
be filed by the minor’s parents, grandparents
or guardian.
3. Defamation
a. The defamation under this rule (Sec. 5, Rule
110) consists in the imputation of the offenses
of adultery, concubinage, seduction, abduction
and acts of lasciviousness.
b. The criminal action cannot be brought at the
instance of any person other than by the
offended party.
4. Rape
a. Crime of rape was previously classified as a
crime against chastity. Pursuant to an
amendment under R.A. 8353, the crime of
rape was reclassified as a crime against
persons. ​Thus, prosecution for such crime
may now be commenced in court even by the
filing of an information by the public
prosecutor.
COMPLAINT - ​is a sworn written statement charging a person
with an offense, subscribed by the offended party, any peace
officer, or other public officer, charged with the enforcement of
the law violated.
INFORMATION - ​is an accusation in writing charging a person
with an offense subscribed by the prosecutor and filed with the
court.
Distinctions between a complaint and information
COMPLAINT INFORMATION
It must be sworn, hence, under oath. Requires no oath
It is subscribed by: (a) the offended Subscribed by the prosecutor.
party, (b) any peace officer, © or other
public officer charged with the
enforcement of the law violated.
Infirmity of signature in the information
➔ If the original information was signed and filed by one
who had no authority to sign and file the same, the
dismissal of the information would not be a bar to a
subsequent prosecution under a subsequent valid
information.
➔ Lack of authority on the part of the officer is a ground
for the quashal of the information.
❖ It is a valid information signed by a competent authority
which, among other requisites, confers jurisdiction on
the court over the person of the accused and the
subject matter of the accusation. (Cudia v. CA)
SUFFICIENCY OF THE COMPLAINT OR INFORMATION
A complaint or information is deemed sufficient if it contains the
following:
1. The name of the accused; if the offense is committed
by more than one person, all of them shall be included
in the complaint or information;
2. The designation of the offense given by statute;
3. The acts or omissions complained of as constituting the
offense;
4. The name of the offended party;
5. The approximate date of the commission of the
offense;and
6. The place where the offense was committed.
❖ The test is whether the crime is described in intelligible
terms with such particularity as to apprise the accused,
with reasonable certainty, of the offense charged to
enable the accused to suitably prepare for his defense.
(Lazarte v. Sandiganbayan)
❖ Objections relating to the form of the complaint or
information cannot be made for the first time on appeal.
The accused-appellant should move before the
arraignment either for a bill of particulars, for instance, if
he wants to know the exact date of the commission of
the alleged offense. He may also move for the quashal
of the information if it does not conform to the
prescribed form. (People v. Teodoro)
❖ An accused is deemed to have waived his right to
assail the sufficiency of the information when he
voluntarily entered a plea when arraigned and
participated in the trial (Frias v. People)
A. NAME OF THE ACCUSED
Sec. 7, Rule 110 establishes the following rules in
designating the name of the accused:
(a) The complaint or information must state the
name and surname of the accused, or any
appellation or nickname by which he has been
or is known.
(b) If his name cannot be ascertained, he must be
described under a fictitious name. A
description of the accused under a fictitious
name must be accompanied by a statement
that his true name is unknown.
(c) If, later, his true name is disclosed by him or
becomes known in some other manner, his
true name shall be inserted in the complaint or
information and in the records of the case.
❖ Proving the identity of the accused as the malefactor is
the prosecutor’s primary responsibility. (People v.
Espera)
❖ A mistake in the name of the accused is not equivalent,
and does not necessarily amount to, a mistake in the
identity of the accused especially when sufficient
evidence is adduced to show that the accused is
pointed to as one of the perpetrators of the crime.
(People v. Amodia)
❖ In cases of offenses against property, the designation
of the name of the offended party is not absolutely
indispensable for as long as the criminal at charged in
the complaint or information can be properly identified.
(Ricarze v. CA)
❖ In offense against property, ​if the subject matter of the
offense is generic and not identifiable​, such as x x x
money unlawfully taken x x x, ​an error in the
designation of the offended party is fatal and would
result in the acquittal of the accused. ​However, ​if the
subject matter of the offense is specific and identifiable
x x x, an error in the designation of the offended party is
immaterial.​ (Senador v. People)
B. THE DESIGNATION OF THE OFFENSE GIVEN BY
THE STATUTE
In designating the offense, the following rules must be
observed:
(a) The designation of the offense requires, as a
rule, that the name given to the offense by
statute shall be stated in the complaint or
information.
If the statute gives no designation to the
offense, then reference shall be made to the
section or subsection punishing it.
(b) To be included in the complete designation of
the offense is an averment of the acts or
omissions constituting the offense.
(c) The complaint or information shall specify the
qualifying and aggravating circumstances of
the offense.
❖ The specific acts of the accused do not have to be
described in detail in the information as it is enough that
the offense be described with sufficient particularity to
make sure the accused fully understands what he is
being charged with. The particularity must be such that
a person of ordinary intelligence immediately knows
what the charge is. (Espino v. People)
❖ The failure to designate the offense given by the statute
or to mention the specific provision penalizing the act or
 an erroneous specification of the law violated does not
vitiate the information if the facts alleged clearly recite
the facts constituting the crime charged. ​What controls
is not the title of the information or the designation of
the offense but the factual facts recited in the
information.
➔ Every information must specify the qualifying and
aggravating circumstances attending the commission of
the crime.
❖ For the qualifying and aggravating circumstances to be
considered in imposing the penalty, the same should be
specified in the complaint or information for such to be
considered in the imposition of the penalty. (Guelos v.
People)
❖ One of the fundamental rights of the accused is the
right to be informed of the nature and cause of
accusation against him. This means that the accused
may not be convicted of an offense unless it is clearly
charged in the information. (Malabanan v.
Sandiganbayan)
GENERAL RULE: ​A complaint or information must charge only
one offense.
Except:
➢ Complex, special complex and compound
crimes.
❖ Should the information be defective because of
duplicity, an objection must be timely interposed by the
accused before trial;otherwise, he is deemed to have
waived said defect.
C. THE ACTS OR OMISSIONS COMPLAINED OF AS
CONSTITUTING THE OFFENSE
D. THE NAME OF THE OFFENDED PARTY
1. The complaint or information must state the
name and surname of the offended party, or
any appellation or nickname by which such
person has been or is known. However, if
there is no better way of identifying him, he
must be described under a fictitious name. If
later on, the true name of the offended party is
disclosed or ascertained, the court must cause
such true name to be inserted.
2. If the offended party is a juridical person, it is
sufficient to state its name, or any name or
designation by which it is known or by which it
may be identified, without need of averring that
it is a juridical person or that it is organized in
accordance with law.
3. In offenses against property, if the name of the
offended party is unknown, the property must
be described with such particularity as to
properly identify the offense charged.
E. THE APPROXIMATE DATE OF THE COMMISSION
OF THE OFFENSE
It is not necessary to state in the complaint or
information the precise date the offense was committed
except when the date of commission is a material
element of the offense.
❖ Could be alleged to be committed on a date as
near as possible to the actual date of its
commission.(people v. Cristobal)
F. THE PLACE WHERE THE OFFENSE WAS
COMMITTED
The criminal action shall be instituted and tried in the
court of the municipality or territory (a) where the
offense was committed, or (b) where any of its essential
ingredients occured.
VENUE OF CRIMINAL ACTIONS
➔ It is not enough to allege in the complaint or information
the place of the commission of the crime. Such place
must also be proven during the trial.
Note: Venue is jurisdictional only in relation to a criminal action.
It is, however, procedural in applications for a search warrant.
The issue on venue in the application for search warrant can
only be taken cognizance of by the court if timely raised in a
motion to quash the search warrant.
When a court has jurisdiction to try offenses not committed
within its territorial jurisdiction
1. Where the offense was committed under Art. 2 of RPC
2. Where the SC, pursuant to its constitutional powers,
orders a change of venue or place of trial to avoid a
miscarriage of justice
3. Where an offense is committed in a train, aircraft, or
other public or private vehicle in the course of its trip,
the criminal action need not be instituted in the actual
place where the offense was committed.
a. It may be instituted and tried in the court of
any municipality or territory where said train,
aircraft or vehicle passed during its trip. The
crime may also be instituted and tried in the
place and arrival.
4. Where an offense is committed on board a vessel in the
course of its voyage, the criminal action shall be
 instituted and tried not necessarily in the place of the
commission of the crime.
a. It may be instituted and tried in the court of the
first port of entry, or in the court of the
municipality or territory where the vessel
passed during the voyage.
5. Where the case is cognizable by the Sandiganbayan
6. Where the offense is written defamation, the criminal
action need not necessarily be filed in the RTC of the
province or city where the alleged lebelous article was
printed and first published.
a. It may be filed in the province or city where the
offended party held office at the time of the
commission of the offense if he is a public
officer, or in the province or city where he
actually resided at the time of the commission
of the offense if he is a public officer, or in the
province or city where he actually resided at
the time of the commission of the offense in
case the offended party is a private individual.
AMENDMENT - ​the correction of an error or an omission in a
complaint or an information.
➔ WITHOUT LEAVE OF COURT
◆ Amendment is made before the accused
enters his plea, the complaint or information
may be amended in the form or in substance,
without the need for leave of court.
➔ WITH LEAVE OF COURT
◆ Leave of court is required even if the
amendment is made before plea in the
following instances:
● The amendment downgrades the
nature of the offense charged, or
● The amendment excludes any
accused from the complaint or
information.
◆ If the amendment is made after the accused
enters his plea and during the trial, any ​formal
amendment may only be made under two
conditions, namely:
● Leave of court must be secured; and
● The amendment does not cause
prejudice to the rights of the accused.
Formal Amendments
The following have been held to be mere formal
amendments:
1. New allegations which relate only to the range of the
penalty that the court might impose in the event of
conviction;
2. An amendment which does not charge another offense
different or distinct from that charged in the original one;
3. Additional allegations which do not alter the
prosecutor’s theory of the case so as to cause surprise
to the accused and affect the form of defense he has or
will assume;
4. An amendment which does not adversely affect any
substantial right of the accused;and
5. An amendment that merely adds specifications to
eliminate vagueness in the information and not to
introduce new and material facts, and merely states
with additional precision something which adds nothing
essential for conviction for the crime charged.
A complaint or information may be substituted if it appears at any
time before judgement that a mistake has been made in
charging the proper offense. In such a case, the court shall
dismiss the original complaint or information once the new one
charging the proper offense is filed provided the accused will not
be placed in double jeopardy.
Distinction between substitution and amendment
SUBSTITUTION AMENDMENT
It necessarily involves a substantial It may involve either formal or
change from the original charge; substantial changes;
It must be with leave of court as the Amendment before plea has been
original information has to be entered can be effected without leave
dismissed; of court;
In substitution of information, another Where the amendment is only as t
preliminary investigation is entailed form, there is no need for another
and the accused has to plead anew to preliminary investigation and the
the new information;and retaking of the plea of the
accused;and
It requires or presupposes that the An amended information refers to the
new information involves a different same offense charged in the original
offense which does not include or is information or to an offense which
not necessarily included in the original necessarily includes or is necessarily
charge, hence the accused cannot
claim double jeopardy.
included in the original charge, hence
substantial amendments to the
information after the plea has been
taken cannot be made over the
objection of the accused, for if the
original information would be
withdrawn, the accused could invoke
double jeopardy.
In determining, therefore, whether there should be an
amendment or substitution of information, the rule is that ​where
the second information involves the same offense, or an offense
which necessarily includes or is necessarily included in the first
information, an amendment of the information is sufficient:
otherwise, ​where the new information charges an offense which
is distinct and different from that initially charged, a substitution
is in order.
RULE 111: PROSECUTION OF CIVIL ACTION
When a criminal action is instituted, the civil action for the
recovery of the civil liability arising from the offense charged
shall be deemed instituted with the criminal action.
UNLESS:​ the offended party waives the civil actio, reserves the
right to institute it separately or institute the civil action prior to
the criminal action.
If the offended party desires to reserve the right to institute the
civil action after the criminal action has been instituted, the
reservations shall be made before the prosecution starts
presenting its evidence.
INDEPENDENT CIVIL ACTION
➔ A single act or omission that causes damage to an
offended party may give rise to two separate civil
liabilities on the part of the offender:
1. Civil liability ex delicto,​ that is, civil liability
arising from the criminal offense under Art.
100 of the RPC; and
2. Independent civil liability,​ that is, civil liability
that may be pursued independently of the
criminal proceedings.
➔ Only the civil liability of the accused ​arising from the
crime charged ​is deemed included in a criminal action.
➔ The civil actions arising from ​Arts. 2176, 32, 33 and
32 of the NCC​ may be filed independently and
separately from the criminal action because they do
not arise from the offense charged. ​What the law
proscribes is double recovery.
Consequence of Independent Civil Action
1. The right to bring the civil action shall proceed
independently of the criminal action and regardless of
the results of the latter;
2. The quantum of evidence required is preponderance of
evidence; and
3. (a) The right to bring the foregoing actions based on the
Civil Code need not be reserved in the criminal
prosecution, since they are not deemed included
therein.
(b) The institution or waiver of the right to file a separate
civil action arising from the crime charged does not
extinguish the right to bring an independent civil action.
(c) Even if a civil action is filed independently, the ex
delicto civil liability in the criminal prosecution remains,
and the offended party may - subject to the control of
the prosecutor - still intervene in the criminal action, in
order to protect the remaining civil interest therein.
There is no implied institution of the civil action to recover civil
liability arising from the offense charged in any of the following
instances:
(a) When the offended party waives the civil action;
(b) When the offended party reserves the right to instituted
the civil action separately; or
(c) When the offended party institutes the civil action prior
to the criminal action.
When no reservation is required
● Arts. 32,33, 34 and 2176 of NCC may be filed
separately and prosecuted independently even without
any reservation in the criminal action.
● Violation of B.P. 22; The criminal action in this case
shall be deemed to include the corresponding civil
action. No reservation to file such civil action separately
shall be allowed.
When the separate civil action is suspended
1. After the criminal action is commenced, the separate
civil action arising therefrom cannot be instituted until
final judgement has been entered in the criminal action;
2. During the pendency of the civil action, if the criminal
action is commenced, the civil action already instituted
shall be suspended, in whatever stage of the
proceedings it may be found, as long as no judgement
on the merits has been entered in the civil action.
➔ No counterclaim, cross-claim or third party
complaint may be filed by the accused in the
criminal case, but any cause of action which could
have been the subject thereof may be litigated in a
separate civil action.
Effect of death of the accused on his criminal liability
1. Prior to final judgement, or prior to final judgement, as
when he dies pending appeal of his conviction -
Extinguishes his criminal liability
Effect of death of the accused on his civil liability
1. After arraignment and during the pendency of the
criminal action - the civil liability extinguishes
Note: The civil liability that is extinguished is that liability
arising solely based on the offense committed.
❖ Jurisprudence affirms the rule that the victim, despite
the death of the accused, may file separate civil action
against the estate of the deceased-accused based on
sources other than delict. (People v. Dimaala)
 2. Before arraignment - case shall be dismissed but the
dismissal shall be without prejudice to any civil action
which the offended party may file against the estate of
the deceased.

➔ The extinction of the penal action does not carry

with it the extinction of the civil action ​where:
(a) The acquittal is based on reasonable doubt as
only preponderance of evidence is required;
(b) The court declares the liability of the accused
is only civil; and
(c) The civil liability of the accused does not arise
from or is not based upon the crime of which
the accused is acquitted.

➔ However, the civil action based on delict may be

deemed extinguished if there is a finding on the final
judgement in the criminal action that:
(a) The prosecution absolutely failed to prove the
guilt of the accused;
(b) The act or omission from which the civil liability
may arise did not exist; or
(c) Where the accused did not commit the acts or
omissions imputed to him.

Payment of civil liability does not extinguish criminal liability.

A final judgement rendered in a civil action absolving a
defendant from civil liability is not a bar to a criminal action
against the defendant for the same act or omission subject of the
civil action.

❖ The acquittal of an accused who is also a respondent in

an administrative case does not conclude the
administrative proceedings, nor carry with it relief from
administrative liability.(Gupilan v. Ombudsman)

PREJUDICIAL QUESTION - ​ understood in law to be that which

arises in a case the resolution of which is a logical antecedent of
the issue involved in the criminal case, and the cognizance of
which pertains to another tribunal. It is determinative of the
criminal case, but the jurisdiction to try and resolve it is lodged in
another tribunal.